On June 9, the U.S. Supreme Court held in Williams v. Pennsylvania that Terry Williams’ (pic­tured) due process rights were vio­lat­ed when Pennsylvania’s Chief Justice refused to recuse him­self from the case. Ronald Castille served as Philadelphia District Attorney before being elect­ed to the Pennsylvania Supreme Court. As District Attorney, he per­son­al­ly approved the deci­sion to pur­sue the death penal­ty against the 18-year-old Williams, and then, while run­ning for state Supreme Court, tout­ed his record of hav­ing sent 45 peo­ple,” includ­ing Williams, to death row. Nearly 30 years after Williams was sen­tenced to death, and with­in a week of his sched­uled exe­cu­tion, the Philadelphia Court of Common Pleas heard evi­dence that pros­e­cu­tors had pre­sent­ed false tes­ti­mo­ny from a wit­ness and with­held evi­dence that it had giv­en favor­able treat­ment to that wit­ness; sup­pressed evi­dence that the vic­tim had sex­u­al­ly abused Williams and oth­er boys; and mis­rep­re­sent­ed to the jury that the vic­tim had been sim­ply a kind man” who had offered Williams a ride home. After the court over­turned Williams’ death sen­tence, Philadelphia pros­e­cu­tors appealed to the Pennsylvania Supreme Court, where Castille was serv­ing as Chief Justice. Williams’ attor­neys filed a motion seek­ing Castille’s recusal, but he denied the motion, refused to refer the ques­tion to the full court, and vot­ed with the major­i­ty of the court to reverse the low­er court rul­ing and rein­state Williams’ death sen­tence. Castille also authored a con­cur­ring opin­ion say­ing the low­er court had stayed Williams’ death sen­tence for no valid rea­son,” attack­ing the judge for hav­ing lost sight of [her] role as a neu­tral judi­cial offi­cer,” and denounc­ing Williams’ coun­sel for hav­ing an obstruc­tion­ist anti-death penal­ty agen­da” and turn­ing post­con­vic­tion pro­ceed­ings into a cir­cus where [they] are the ring­mas­ters, with their par­rots and pup­pets as a sideshow.” The U.S. Supreme Court, in an opin­ion by Justice Anthony Kennedy, reversed, say­ing “[a] con­sti­tu­tion­al­ly intol­er­a­ble prob­a­bil­i­ty of bias exists when the same per­son serves as both accuser and adju­di­ca­tor in a case.” Here, the Court ruled, Chief Justice Castille’s sig­nif­i­cant, per­son­al involve­ment in a crit­i­cal deci­sion in Williams’s case gave rise to an unac­cept­able risk of actu­al bias.” It fur­ther deter­mined that Castille’s par­tic­i­pa­tion in the case affect­ed the … whole adju­di­ca­to­ry frame­work” of the appeal, and ordered the Pennsylvania Supreme Court to recon­sid­er the appeal. Today, Terry Williams comes one step clos­er to the new, fair sen­tenc­ing hear­ing he deserves,” said Shawn Nolan, an attor­ney for Williams, We’re opti­mistic that the Pennsylvania Supreme Court will give this case care­ful con­sid­er­a­tion and rec­og­nize the injus­tice of Terry’s death sentence.”

(Williams v. Pennsylvania, No. 15 – 5040, June 9, 2016; Press Release, U.S. Supreme Court Finds Former Chief Justice of the Pennsylvania Supreme Court Should Have Recused Himself in Death Penalty Case,” June 9, 2016.) See U.S. Supreme Court and Prosecutorial Misconduct.

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